Houston Child Injury Lawyer

Children are susceptible to various injuries due to their inquisitive nature and the environments they encounter. Some of the most common child injuries include:

• Paralysis: Accidents can result in spinal cord damage or other injuries leading to paralysis.
• Concussions: A trip or fall can cause a concussion, which in developing children might lead to lasting damage.
• Burns or Scalding: Children might suffer burns from excessively hot food or unsupervised hot objects, leading to intense pain or disfigurement.
• Cuts and Scrapes: Inquisitive children may sustain minor scrapes or severe lacerations from various objects, such as broken glass, rough concrete, unsafe tools, or sharp objects.
• Choking: Young children, eager to explore their surroundings, may ingest small objects, including buttons, lids, or coins, posing a risk of choking.
• Drowning: Swimming pools, bathtubs, and fountains pose a significant drowning hazard for children.
• Fractures and Broken Bones: Falling from playground equipment or encountering various accidents can cause fractures or broken bones. Prompt and proper treatment is vital to avoid lasting damage.
• Brain Damage: Hazardous situations or negligent supervision leading to falls can result in brain damage, considering that a child’s skull is not fully developed for several years.
• Suffocation: Children face the risk of suffocation, particularly from plastic bags or packaging if unsupervised.
• Poisoning: Improperly supervised children might ingest toxic items, including lead-based paint, medications, or other harmful substances.
• Strangulation: Cords, especially blind or electrical cords, pose a threat to young children and can result in accidents.

Many of these injuries have the potential to be life-altering and may require ongoing medical treatment and expenses. If your child has suffered injuries due to the negligence of another party, it is crucial to seek the immediate assistance of a personal injury attorney.

After a child sustains an injury, a successful personal injury lawsuit can help them receive financial compensation to cover the costs associated with the injury. These losses, known as special and general damages, encompass various aspects:

Special Damages:

• Medical bills: Covering past and future healthcare related to the injury.
• Property damage: In cases where property was damaged during the incident.
• Pain and suffering: Compensating the child for physical and emotional distress.
• Ongoing costs: Covering permanent disability expenses, such as prosthetic devices and future living condition restrictions.
• Potential future lost wages: Recognizing the child’s reduced earning capacity.

General Damages:

• Pain and suffering: Addressing the child’s emotional distress and lost enjoyment of life.
• Mental anguish: Providing compensation for the psychological impact of the injury.
• Permanent disability or disfigurement: Recognizing long-term physical damage.
• Loss of services and companionship: Compensating the family for the impact on their lives.

Children’s injuries often come with high medical treatment costs, and our goal is to ensure that all forms of damage are considered when seeking compensation. We explore various legal avenues to provide comprehensive compensation.

Child injuries are a pressing concern, and it’s essential to be aware of the alarming statistics:

• Injury is the leading cause of death in children and young adults, with around 12,000 children aged 1 to 19 years dying from unintentional injuries each year.
• Falls are the primary cause of nonfatal injury for children, accounting for approximately 8,000 fall-related hospital emergency room visits daily.
• Bicycle-related accidents lead to about 100 child deaths and 254,000 injuries each year.
• Drowning is the top cause of unintentional injury-related death among children aged 1 to 4, resulting in around 80 fatalities each year.
• Unintentional suffocation is the leading cause of unintentional injury-related death among infants under age 1.
• In-home accidents, including fires, swimming pool drownings, firearms, falls, and poisoning, claim the lives of nearly 2,000 children under 14 each year.
• The number of product recalls concerning children’s toys and items has seen a notable rise, with each recalled product accounting for an average of 13.4 incidents in 2019.
• There are legal restrictions on filing child safety or accident claims, making it crucial to consult with a Child Injury Attorney promptly to evaluate your case.

Children cannot initiate personal injury lawsuits independently, as minors under 18 years old cannot file such claims. Legal guardians must file lawsuits on their behalf. However, the suffering experienced by children is distinct from that of adults. Understanding the long-term impacts of injuries requires the expertise of a personal injury lawyer experienced in child injuries.

Choosing the right lawyer is crucial, as a party cannot sue and settle twice for the same injury. Failure to pursue appropriate damages initially may preclude further attempts to secure just compensation. The consequences of child injuries are far-reaching, and legal guardians need to ensure their child’s interests are protected.

When filing a personal injury lawsuit in Texas for your child, several considerations need to be addressed. Children, being under 18, can’t legally pursue compensation themselves. Their guardians or parents are responsible for initiating the lawsuit. It’s critical to comprehend the distinct suffering of children due to injuries. Seeking the right damages initially is vital, as there’s only one opportunity to secure just compensation.

• Child Injury During a Car Crash: In the unfortunate event that your child was involved in a car accident as a passenger, pedestrian, or bicyclist, they are entitled to compensation for their injuries. The emotional and financial impact on your family due to medical bills, rehabilitation costs, and ongoing care can be immeasurable. According to the CDC, nearly 150 children ages 0 to 19 are treated every hour in U.S. emergency departments for crash-related injuries. This makes motor vehicle collisions the leading cause of death among children aged 4 and those aged 11-14.

• Child Injury at Daycare: If your child was hurt in a daycare facility due to negligence, such as inadequate supervision or unsafe conditions, we can assist in filing a personal injury lawsuit. Daycare and childcare facilities have an elevated duty to ensure child safety. Based on the statistics, incidents where children stray from the premises, choke on food or hazardous toys, fall, or enter parking areas are frequent. If these responsibilities are not met, we stand ready to assist you in obtaining compensation for your child’s medical expenses, emotional trauma, therapy costs, and the financial strain your family faced due to the negligence of the child-care facility.

• Child Injury in a School Bus Accident: When a child is injured in a school bus accident, our legal team will represent your family against the school district’s insurance carrier. According Per the National Highway Traffic Safety Administration (NHTSA), school buses are still the most secure mode of transport for children. However, thousands of children are still hurt in bus accidents. In Texas, children injured while being transported have the option to recover for their past, present, and future losses.

• Child Injury in a Swimming Pool: If your child has been injured or drowned in a swimming pool due to the lack of proper safety protocols or the negligence of the pool owner or operator, we can assist you in navigating the legal nuances of the event. In 2019, Texas led the nation in drowning accidents involving children, with Harris County being the most common location. Per the CDC, 50% of children involved in swimming pool mishaps need hospitalization or are transferred for additional treatment. Many of these incidents result in lasting disabilities from brain injuries, such as paralysis.

• Child Injury by a Toy: In cases where a child is injured by a defective or dangerous toy, parents can seek compensation under Texas law. Product liability regulations in Texas hold manufacturers accountable for defective products. According to data collected by the U.S. Consumer Product Safety Commission, children and adolescents ages 0-19 sustained over 1 million toy-related injuries that were treated in emergency departments from 2015 to 2018.

• Misdiagnosis By Medical Practitioner: Misdiagnosis of a child’s medical condition can lead to additional injury and trauma. Pediatric malpractice cases can include birth injuries, medication errors, surgical mistakes, or anesthesia misapplications. If your child is showing symptoms of having a mental, physical, or emotional condition related to medical care, there’s a chance you could have a pediatric malpractice case. Misdiagnosis accounts for the highest percentage of claims for all age groups: neonates (48%), first year (36%), child (15%), and teenager (11%).

• Wrongful Death of a Child: In the tragic event where your child’s death resulted from someone else’s actions, our attorneys will help you pursue a wrongful death lawsuit. The damages recoverable for the wrongful death of a child start with “special damages,” which includes medical, hospital, and medication expenses. Punitive damages, often making up a large portion of case settlements and judgments exceeding 1 million dollars, can be assessed by a Judge or jury to punish the behavior of the liable party. According to a March 2020 report from the child advocacy organization Kids in Danger, product recalls related to child toys and products increased dramatically from prior years.

We have the expertise and commitment to help families through the legal complexities of child injury cases. We understand that the impact of these injuries extends far beyond the physical harm, affecting families emotionally and financially. Our goal is to secure the compensation your child deserves and hold those responsible accountable for their actions. We are here to assist you every step of the way in your child injury case.

The Age of Negligence

Laws acknowledge that young children may not possess the same maturity and understanding as adults when it comes to recognizing and avoiding potential dangers. In Texas and several other states, children under the age of 6 are deemed incapable of negligence. If their injury is caused by someone else’s negligence, even if slightly, that person can be held liable, and the child’s contributory negligence isn’t a defense against prosecution. For children between ages 6-14, the standard of care is somewhat reduced compared to adults. Assessing their actions involves considering what a reasonable person of their age would have done in similar circumstances.

The Attractive Nuisance Doctrine

This legal principle acknowledges that children, due to their age, may not comprehend trespassing and certain dangers. It shifts the responsibility for children’s safety to certain landowners with conditions or features that might attract children. Property owners must take steps to secure and prevent access to these enticing yet dangerous conditions. Failing to do so could result in legal liability if a young child is injured, and for children aged 6-14, the reduced standard might limit the defense of trespassing.

Adults’ Obligations Around Children

When children are too young to grasp danger, the law places the responsibility on adults to anticipate and prevent potential hazards, be it on the road or on their property. Drivers should maintain a proper lookout, and landowners need to anticipate that children might explore areas and might need to secure such spaces to avoid potential harm. Even containing a pet in an accessible area without proper precautions can lead to legal responsibility, particularly if the pet poses a known risk.

Understanding these specific laws and doctrines becomes crucial in cases of child injuries, emphasizing the need for a personal injury lawyer experienced in these areas to navigate and advocate on behalf of the child and their family.